Gavin Williamson: With permission, Mr Speaker, I would like to make a statement regarding the return of students to universities. Throughout this pandemic, our priority has always been to keep young people as safe as possible while they continue to learn. It is this commitment to learning and skills that has led the Prime Minister to announce today that, through our lifetime skills guarantee, we will upgrade further education colleges across the country with huge capital investment. We will expand the apprenticeship offer, we will fund valuable free technical courses for adults equivalent to A-level, and we will extend our digital boot camps. We will expand and transform the funding system so that it is as easy for a student to get a loan for a higher technical course as for a university degree. The Government will give everyone a flexible, lifelong loan entitlement to four years of post-18 education, so that adults will able to retrain with high-level technical courses instead of being trapped in unemployment.
At the beginning of September, we saw the successful reopening of our schools and colleges. Universities have been working just as hard to make campuses as safe as possible, including through enhanced cleaning measures, social distancing on campuses and changes to timetables to stagger and manage attendance on site. We have now seen the new intake of first-year students who are beginning a new chapter in their lives at university, together with those who are returning to carry on their studies. I know that this will not be the start that any of them would have wanted or expected, and I would just like to say that I am pleased to see that universities and students have followed the guidance in a responsible way, putting themselves, their friends and the local community in a safe place and out of harm’s way.
Students, as well as the wider community, accept that when we are living in a global pandemic we have to operate in a society with restrictions, but I do not believe we should look to inflict stricter measures on students or expect higher standards of behaviour from them than we would from any other section of society; there must be a parity. The decision to keep universities open and all our students learning has been a result of an enormous team effort throughout the university and higher education sector. We have drawn on the expertise of the HE taskforce that we set up, and we have been providing robust public health advice and regular updates to the sector to help it to plan carefully to keep students and staff as safe as possible. As with all our education settings, we will continue monitoring the situation closely and will follow the latest scientific advice, adapting policies as the situation changes
I know there has been some anxiety about the impact safety measures will have on the Christmas holidays. Students are important members of the communities they choose to study in. We expect them to follow the same guidance as those local communities. We will work with universities to make sure that all students are supported to return home safely and spend Christmas with their loved ones if they choose to do so. It is essential that we put in place measures to ensure that that can happen, while minimising the risk of transmission. Where there are specific circumstances that warrant it,  there may be a requirement for some students to self-isolate at the end of term, and we will be working with the sector to ensure that will be possible, including by ending in-person learning early if that is deemed to be necessary. My Department will publish this guidance shortly, so that every student will be able to spend Christmas with their family.
Where students choose to stay in their university accommodation over Christmas, universities should continue making sure that they are safe and well looked after. Of course, it is inevitable there will be cases of covid occurring in universities, just as there are in our wider communities and the constituencies we represent, but we believe that universities are very well-prepared to handle any outbreaks as they arise, and we have been working with the sector and Public Health England to make sure that they have every support and assistance they need should this happen. I have been impressed by the steps that our universities have been taking, working hand in glove with local authorities and local public health teams to safeguard students and staff. All our universities have local outbreak plans, and all of those have been discussed with local directors of public health.
It is essential that we continue to allow our students to have face-to-face teaching wherever possible, as part of a blended learning approach. I have heard the Opposition call for all learning to move online. Although online learning is a highly effective part of the learning experience, many courses, including medicine and dentistry, as well as the creative arts, require a face-to-face element. That is why our guidance, published on 11 September, set out a tiered approach in higher education. Tiers enable a balance of face-to-face and online learning within the context of the covid risk, and will operate alongside local restrictions that are placed on the wider community in the area that the university is in.
I would now like to mention the latest position regarding testing for students. We have been working with the Department of Health and Social Care to make sure that the testing capacity is sufficient and appropriate for universities, and I am sure the House will be aware that the Department has now launched the NHS covid-19 app. The Department continues to make more testing available, and the vast majority of people can get a test locally. The Department is also increasing the number of local testing sites and laboratories, adding new Lighthouse laboratories in Newport and Charnwood to the national lab network, as well as additional walk-in centres being planned. While we know that testing capacity is the highest it has ever been, we are still seeing a significant demand for tests. It is vital that staff and students at universities, like any other member of society, get a test only if they develop coronavirus symptoms or if advised to do so by a clinician or a public health official.
I am aware that going to university can be a stressful time for some students, many of whom will be living away from their family and friends for the first time in their lives. This year will undoubtedly see added pressures because of disruption and uncertainty caused by the global pandemic, and we must be mindful of how that will affect the mental health and wellbeing of students. Many universities have bolstered existing mental health services and offer alternatives to face-to-face consultations. Once again, I would like to thank staff at universities and colleges who have responded so quickly and creatively to the need to transform those essential services.
We have asked universities to provide additional help and practical support to students as well, and I am pleased to say that universities are making sure students who are isolating are properly cared for and can access food and medical and cleaning supplies if needed. Student accommodation and support services will be a vital resource if any student has to isolate and for students generally during the whole period of the pandemic. As well as providing support for those in halls of residence, universities will make sure that students who live in houses in multiple occupation away from campus will still have access to advice and support if they need it. Universities are also able to call on £256 million provided by the Government for hardship funding for students who have to isolate.
The Government have taken a conscious decision to prioritise education. We know how fundamental a good education is to opportunity, to aspiration and to social mobility.
That is why we opened schools, and why over 99.8% of schools are now open, delivering education to our children. Delivering education and the opportunity to go to university is equally important for those youngsters who have left college or school as well. We will never be in a position where we can eliminate all risk, but we will not condemn a generation of young people by asking them to put their lives on hold for months or years ahead. We believe that universities are very well prepared to handle any outbreaks as they arise. I commend this statement to the House.

Edward Leigh: I rise to speak to new clause 8 in my name. I shall attempt, within your time constraint, Madam Deputy Speaker, to get these complex legal and international law arguments on the record.
The problem is not the possibility of the UK breaking international law, which we do not want to do, obviously; the problem is the UK’s being prepared in case the EU fails in its willingness to interpret the protocol on Northern Ireland in a proper way. We have a legal tool at our disposal that would help clarify the situation in accord with international law: a unilateral interpretative declaration. My new clause 8 describes in some detail how that could be done. It would help our negotiating position in securing an EU trade agreement and, just as importantly, it would help get the Bill through the House of Lords.
Many in the other place will be concerned about the possibility that the UK Government may be opening the door to breaking international law. We pride ourselves on the rule of law and we should maintain our commitment to it. The real problem is whether the EU is willing to implement the protocol in a reasonable and effective  manner. We do not need to break international law; we need to prevent the EU from breaking international law by violating its treaty commitments.
The EU has suggested that it would break its commitments in the protocol. It has said that it would consider breaking its commitments to allowing food from England, Wales or Scotland to be sold in Northern Ireland if the UK did not make concessions on the free trade agreement. That is on the record in Michel Barnier’s statement on 10 September. In the light of that, the Government understandably introduced this Bill, so that we can act when the EU threatens the economic integrity of the United Kingdom.
We are committed to implementing the protocol, which we signed up to, but we are only committed to what we actually agreed to—no more and no less. This is the nub of the problem. We are not bound by new interpretations of the protocol that the EU might seek to impose on us. We are not required under international law to accept all the proposals that the EU tables in the negotiations. We cannot accept any bargaining linkage being made between implementing what has been agreed under the protocol in good faith, and what has still to be agreed about our future relationship.
There is a compromise available. We can use international law to ensure that the EU meets the commitments it made in the protocol. We can assert our position, as I have argued, in a unilateral interpretative declaration, if—and only if—the EU behaves unreasonably.
The initial version of the Northern Ireland protocol agreed to in November 2018 could have bound us indefinitely to maintaining full alignment with the EU’s single market regulations and membership of the customs union. In an Adjournment debate in February 2019, I advocated the use of a conditional unilateral interpretative declaration to assert the temporary nature of the backstop. That word “temporary” was then in the protocol.
My right hon. and learned Friend the Member for Torridge and West Devon (Mr Cox), who was then the Attorney General, took this up to seek a time limit or a withdraw mechanism from the backstop. That was the basis of documents tabled on 11 March 2019 for the second meaningful vote. Unfortunately, the unilateral declaration issued then was not made strong enough to guarantee an exit from the backstop according to many people in this House. The Government, I believe, should have asserted a stronger interpretation.
Nevertheless, in December last year, we succeeded in getting rid of the backstop. The question is whether the agreed Northern Ireland protocol will be implemented in good faith. The protocol is a good compromise. Rather than abandoning international law, we must use the full provisions of international law to ensure that the protocol is implemented as we agreed.
The general principles of international law applicable to the withdrawal agreement and the protocol are spelled out in the 1986 Vienna convention on the law of treaties. In addition, in 2011, the International Law Commission of the UN codified a guide of practice for handling disagreements about the interpretation of treaties. That allows an individual Government to issue a declaration on their interpretation of the meaning of specific aspects of a treaty. The UK can do that unilaterally, without any agreement from the EU.
To leave the realm of politics and enter the realm of international law, any unilateral interpretative declaration must be sent to the depositary of the treaty. I proposed in an amendment in Committee that the Government should use this declaration to assert their position if the EU were to fail to implement aspects of the protocol. My new clause 8 now spells out in some detail how the declaration could be used. Subsection (1) specifies that the Government should invoke this procedure if the EU fails to carry out the requirements of the protocol. Subsection (2) specifies that the Government should ensure that their interpretation of the protocol is justified by, and in accord with, the provisions of the Vienna convention.
It is important to note that the Vienna convention covers the need to act in “good faith” and the need to avoid results that are “manifestly absurd or unreasonable”. Subsection (3) therefore requires the Government to obtain parliamentary approval before they make a legal challenge, and subsection (4) requires the Government to report back to Parliament on whether the EU has improved the interpretation. If the dispute were to continue, there would be a choice: we could seek negotiations to achieve a compromise in the Joint Committee, or we could invoke the withdrawal agreement’s arbitration procedures. If the dispute could not be resolved and arbitration were required, we would have acted in good faith—that is the point—in international law. We would have established our case and started arbitration on our own terms.
The Government are right to challenge the EU. We can uphold international law. We can challenge the EU with proper legal methods. We do not need to accept its interpretation of the protocol. When we face unreasonable demands, we have a chance to state our interpretation of what we agreed when we signed the protocol. We can challenge the EU with a unilateral interpretative declaration and, hence, defend our position in full accord with international law. I ask the Government to consider positively this compromise, on which we can all agree and which is offered to the Government in good faith.

Paul Scully: I thank everybody who has spoken in the debate, and I once again thank all right hon. and hon. Members who have engaged with the Bill during its stages. This is likely to be my last contribution on this particular Bill—[Hon. Members: “More!”] I know, but I only have five minutes, and I want to pay tribute to my colleagues, the Minister of State, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith), and the Minister of State, Northern Ireland Office, my hon. Friend the Member for Worcester (Mr Walker), who have played an amazing role and worked so hard. I also pay tribute to my Bill team—Jon Robertson, Jeff Yen, Satchi Mahendran, Dom Entwistle, Henry Hutton, Phoebe Gould, Dominic Bull, James Frisby and, in my private office, Ollie Benbow-Wyke.
Those of us on the Government Benches have heard and participated in the passionate debates on the Bill during the past two weeks, and I pay tribute to all their considered contributions. My right hon. and hon. Friends have made some impassioned speeches about the need for business certainty and about why the Union is so much better together than apart.
The debates have obviously been passionate, because of the importance of the Bill, but some of the other speeches in this Chamber today, and on some of the Committee days, have been somewhat circular. We have heard that there will apparently not be a US trade deal, but that we will get chlorinated chicken. We have heard that we love devolved spending, but that we would rather it be done from Brussels. We have heard people celebrating 62 countries having left the UK at various points in their recent history. Not one of those has the UK pound or wanted to join a bigger political union such as—oh, I don’t know—the EU, for example.
None the less, we want to make sure that we can get on with the Bill, because it is so important to continuing to provide certainty for businesses as we seek to recover from covid-19, prepare for the opportunities after the transition period and protect jobs. The Bill will ensure UK businesses can trade across our four home nations in a way that helps them invest and create jobs, just as they have for hundreds of years. We will do that in a way that supports and enables one of the largest transfers of power in the history of devolution, while maintaining that certainty for businesses. That will be done in a way that preserves our high standards, whether environmental, food or animal welfare, and in any number of other areas. It is therefore crucial that we pass this Bill, and I commend it to the House.